Filing 862

Memorandum in opposition to re (628 in 1:05-cv-02386-RBW, 109 in 1:05-cv-02398-RMU, 723 in 1:08-mc-00442-TFH) MOTION to Dismiss filed by ALI THABID, ALKHADR ABDULLAH AL YAFIE, TOFIQ NASSER AWAD AL BIHANI. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Clarke, George)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA : Misc. No. 08-442 (TFH) : : Civil Action No. 05-2386 (RBW) : Civil Action No. 05-2398 (RMU) : : : : ORDER Upon consideration of the Respondents' Motion to Dismiss Improper Respondents and Petitioners' Response thereto, it is hereby: ORDERED that Respondents' Motion is DENIED in its entirety; and it is further ORDERED that, if, within seven days of the entry of this Order, Respondents file and serve a notice signed on behalf of all Respondents, stipulating to paragraphs 1 through 5 below, then in such instance the habeas claims in the complaints brought against all Respondents other than the Secretary of Defense shall be dismissed without prejudice: 1) 2) 3) the Secretary of Defense is a proper respondent; the Secretary of Defense is subject to the jurisdiction of the Court; the Secretary of Defense has the power and authority to implement any court orders granting the relief requested in Petitioners' complaints including, but not limited to, Petitioners' release and production of documents or any other evidence in the possession or control of the government; the government, not limited to the Department of Defense, has an obligation to preserve documents or any other evidence relevant to this litigation; and the government will not transfer petitioner to the custody of another branch of the U.S. government, and should it do so, the government agrees to reinstate the President as the Respondent in this litigation. IN RE: GUANTANAMO BAY DETAINEE LITIGATION 4) 5) Dated: ___________________________ ____________________________________ Thomas F. Hogan United States District Judge

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